Do I have a case?

Only an attorney can accurately help you evaluate the likelihood that you have a case, and can assist you in reaching a decision as to whether you want to pursue a claim. In that evaluation, one of the key points is what the law in Texas requires you to prove in order to win your case.  An injured party is referred to as the plaintiff.  In our state, the Plaintiff has the burden of proof.  This means, you will have to establish the legally required facts in your case, or you will not be entitled to any recovery. Each case can be thought of has having three main areas in order to be successful: liability, causation, and damages.

In order to have a case, there must be a third party who is liable to you.  This depends in on the facts and what type of claim you are bringing. Usually, if there is a liable person in a personal injury case, they will have committed a negligent action which caused your injuries.  In order to prevail on a claim of negligence, the facts must clearly demonstrate: (1) negligence or failure to meet the standard of care; and (2) that the negligence caused you harm or injury. However, having confidence that liability can likely be established is only part of the picture.

The other part of the picture is damages. The harm or injuries you have suffered must be significant enough to justify the expenditure of time, energy, and resources that are required to bring a successful claim.

The chances of success of a claim depend on the individual circumstances of your case.  An attorney can advise you of the possibility of success of your particular case.